The Missing Concept of Cohabitation of the Couples of the Opposite-Sex in de facto Unions in the Czech Civil Code

2021 ◽  
Author(s):  
Zdeňka Králíčková
Keyword(s):  
Civil Code ◽  
Same Sex ◽  
Reasonable Time ◽  
Legal Rules ◽  
Married Mother ◽  
Same Sex Couples ◽  
Registered Partnership ◽  
The Status ◽  
Opposite Sex ◽  
Married Mothers

The paper deals with couples in de facto unions, especially the ones formed by a man and a woman. It seeks to define cohabitation and differentiate the rights and duties of cohabitees from the ones connected with the status relations between both the opposite-sex couples (marriage) and the same-sex couples (registered partnership). As there are seldom any kinds of agreements between cohabitees, special attention is devoted to the relevant legal rules in all the Books of the Czech Civil Code and their applicability to cohabitees during their relationship and after the break-up or upon the death of one of them. It is stressed that there is no difference between children born out of wedlock and within marriage. Once parenthood is legally established, there is no discrimination of non-married mothers and non-married fathers towards the children. And besides, there are special provisions that protect the weaker party: property claims of the non-married mother from the child´s father for a reasonable time and within adequate limits.

Freedom’s Frontiers: The Travails of LGBT Travelers

Pólemos ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 271-295
Author(s):  
David Austin ◽  
Mark E. Wojcik
Keyword(s):  
Sexual Orientation ◽  
Sexual Minorities ◽  
Positive Change ◽  
Legal Rights ◽  
Tourist Industry ◽  
Same Sex ◽  
Time And Space ◽  
Same Sex Couples ◽  
Cross Border ◽  
The Status

Abstract This article considers the status of same-sex couples whose lawful marriage in one jurisdiction may not be recognized in another, or who may face discrimination and criminal penalties for their sexual orientation. The article surveys positive developments that promote equality for sexual minorities rather than their punishment. The degree of positive change varies across countries. While traveling across borders, sexual minorities are often subjected to strange dislocations in time and space: they can accelerate through centuries of struggle to find freedom in foreign lands, or they can be hurled back into the darkness of the closet or, worse, detained in a prison cell. The article also focuses on some of the positive developments – legal and otherwise – that have led to the growth of a gay tourist industry; some of the problems that gay travelers may potentially encounter when crossing into countries where the legal rights of sexual minorities are not safeguarded; and some potential “solutions” that will allow gay travelers to engage in cross-border travel without feeling that they are being forced back into the limiting borders of the closet’s confines.

Marriage: Obligations, Benefits, and Access

Just Married ◽  
2015 ◽  
Author(s):  
Stephen Macedo
Keyword(s):  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Special Obligations ◽  
The Future ◽  
Opposite Sex ◽  
The Many

This chapter examines the many “legal incidents” of marriage: the specific benefits, responsibilities, obligations, and protections that are associated with marriage by law. While critics focus on the special privileges or benefits that spouses acquire in marriage, those are balanced by special obligations. The chapter suggests that the whole package seems reasonably appropriate for both opposite-sex and same-sex couples. It also considers the ways in which marriage seems to promote the good of spouses, children, and society, along with the class divide that now characterizes marriage and parenting. It argues that this class divide, not same-sex marriage, is the great challenge for the future.

Bridging Immigration Justice and Prison Abolition

2020 ◽  
pp. 133-136
Author(s):  
Jamila Hammami
Keyword(s):  
Same Sex ◽  
Same Sex Couples ◽  
The Status ◽  
Prison Abolition

As a longtime Chicago-based organizer and writer, the author offers a reflection on the status of the immigrant justice movement. One of the first to bring queer and immigration concerns together outside of the issue of binational same-sex couples, the author critiques how undocuqueer activism has focused on identity and stories, thereby entrenching neoliberal logics and erasing labor within the movement.

scholarly journals Effect of Registered Partnership on Labor Earnings and Fertility for Same-Sex Couples: Evidence From Swedish Register Data

Demography ◽  
2015 ◽  
Vol 52 (4) ◽  
pp. 1243-1268 ◽  
Author(s):  
Lina Aldén ◽  
Lena Edlund ◽  
Mats Hammarstedt ◽  
Michael Mueller-Smith
Keyword(s):  
Register Data ◽  
Same Sex ◽  
Same Sex Couples ◽  
Labor Earnings ◽  
Registered Partnership

Bisexual Man Experiences Regarding Intimate Sexual Relationship Injayapura City2013

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Maria CY Hukubun
Keyword(s):  
High School ◽  
Junior High School ◽  
Design Method ◽  
Bisexual Men ◽  
Snowball Sampling ◽  
Same Sex ◽  
Thick Description ◽  
Sexually Transmitted ◽  
Same Sex Couples ◽  
Opposite Sex

<p>Bisexuals are individuals who Involved and enjoyed sexual activities with same sex and different sex. Bisexual men having intercourse by oral, anal and vaginal. According to the data from the Center for Reproductive Health in Jayapura in 2013, there was one case cervicitis on bisexual men which is known from 95 cases of Sexually Transmitted Infections (STI). This research study aimed to describe bisexual men's sexual experiences. A qualitative design method was used with phenomenology approach; informants Involved in this research were 5 people. The selections of informants were using snowball sampling method. Researchers used members to check and thick description to the invalidity of the data. Fifth informants have a sense of attraction to opposite sex couples while they were in junior and high school. Informants interested in the same sex when in junior high school, and college. In addition, one of the informants attracted to the same sex when he became adult and had a work. Four informants did not consistently use condoms. There are 10 to 30 of same-sex couples that performed sex relation for the first time. There were about 10 people who did not get married and have sexual partners of the opposite sex until today based on the informant. The four informants were not consistently used condoms and there was one informant who did not use condom</p>

Response to “Cloning and Infertility” by Carson Strong (CQ Vol 7, No 3)

1999 ◽  
Vol 8 (3) ◽  
pp. 364-368 ◽  
Author(s):  
Timothy F. Murphy
Keyword(s):  
Somatic Cell ◽  
Somatic Cell Nuclear Transfer ◽  
Nuclear Transfer ◽  
Human Cloning ◽  
Sex Partners ◽  
Same Sex ◽  
Same Sex Couples ◽  
Opposite Sex ◽  
Infertile Couples

Carson Strong has argued that if human cloning were safe it should be available to some infertile couples as a matter of ethics and law. He holds that cloning by somatic cell nuclear transfer (SCNT) should be available as a reproductive option for infertile couples who could not otherwise have a child genetically related to one member of the couple. In this analysis, Strong overlooks an important category of people to whom his argument might apply, couples he has not failed to consider elsewhere. In this discussion, however, Strong refers exclusively to opposite sex couples facing obstacles such as surgically removed ovaries and the inability to produce sperm. In fact, however, there are many adult couples who, while fertile in and of themselves, are not fertile as couples. This group includes not only opposite sex couples but coupled same sex partners as well. I believe the defenses Strong offers regarding the use of SCNT by opposite sex infertile couples would extend to same sex couples for two reasons. First, some same sex couples might face the inability to have a genetically related child, and second, Strong's arguments ultimately ground a general defense of SCNT independent of the question of a couple's fertility.

Adult romantic relationships as contexts of human development: A multimethod comparison of same-sex couples with opposite-sex dating, engaged, and married dyads.

2008 ◽  
Vol 44 (1) ◽  
pp. 91-101 ◽  
Author(s):  
Glenn I. Roisman ◽  
Eric Clausell ◽  
Ashley Holland ◽  
Keren Fortuna ◽  
Chryle Elieff
Keyword(s):  
Romantic Relationships ◽  
Human Development ◽  
Same Sex ◽  
Same Sex Couples ◽  
Opposite Sex

scholarly journals INTESTATE SUCCESSION AND THE SURVIVOR OF AN UNFORMALISED SAME-SEX CONJUGAL RELATIONSHIP: Laubscher No v Duplan 2017 (2) SA 264 (CC)

Obiter ◽  
2018 ◽  
Vol 39 (1) ◽  
Author(s):  
Michael Cameron Wood-Bodley
Keyword(s):  
Constitutional Court ◽  
Same Sex ◽  
Same Sex Couples ◽  
Lesbian Relationship ◽  
Substantive Equality ◽  
Civil Union ◽  
Opposite Sex ◽  
Domestic Partnerships ◽  
The Right

When a person dies intestate his or her heirs are determined by the provisions of section 1(1) and (2) of the Intestate Succession Act 81 of 1987. Included amongst the heirs is the deceased’s surviving spouse, who either takes the entire estate or shares it with the deceased’s descendants (if any). Historically, the reference to “spouse” in the Act was taken to mean a person to whom the deceased was married in terms of the Marriage Act 25 of 1961. Accordingly, persons who were married to the deceased merely by religious rites and persons with whom the deceased was in a long-term conjugal relationship that was unformalised by marriage were excluded.The advent of constitutional democracy in South Africa resulted in a number of challenges to this status quo through reliance on the equality clause of the Bill of Rights. As a result of these challenges it has now been recognised that the survivor of a Hindu marriage, a monogamous Muslim marriage, and a polygynous Muslim marriage all have the right to inherit on intestacy as a “spouse”. Furthermore, in a groundbreaking decision in Gory v Kolver NO (Starke and others intervening) (2007 (4) SA 97 (CC)) the Constitutional Court recognised that the exclusion of the surviving partner of a gay or lesbian relationship from the right to inherit on intestacy was unconstitutional, and directed that the relevant sections of the Intestate Succession Act be amended by a reading-in of additional words to remedy the unconstitutionality. These words conferred the right to inherit on intestacy on the survivor of a monogamous permanent same-sex partnership in which the partners undertook reciprocal duties of support. At the time of writing no survivor of an unformalised opposite-sex relationship has challenged his or her exclusion from intestate succession. Possibly this reticence has been influenced by the decision in Volks NO v Robinson (2005 (5) BCLR 446 (CC)) (hereinafter “Volks”). In Volks the Constitutional Court held that it is not unconstitutional for the Maintenance of Surviving Spouses Act 27 of 1990 to distinguish between married and unmarried persons by giving the survivor of a marriage a claim for reasonable maintenance against the estate of the deceased spouse but not giving a similar claim to the survivor of a relationship in which the parties did not marry.Paleker has raised the question whether the Gory order “must still be applied in light of the Civil Union Act” but he comes to no firm conclusion, and states tentatively that “if marriage … is a precondition for inheriting, persons in same-sex unions who have not solemnised their relationship after the coming into force of the Civil Union Act … may be precluded from inheriting intestate from each other”. On the other hand De Waal and Schoeman-Malan are clearly of the view that the order in the Gory case still operates and – whilst regarding the current position as “anomalous” – they state that it “will probably continue until the Domestic Partnerships Bill [GN36 in GG 30663 of 2008-1-14] eventually does become law”. This has also been the interpretation accepted by the Master’s office acting on advice from the Senior State Law Advisor. The different treatment accorded same-sex couples by the continued retention of the benefits conferred by Gory has been defended on the grounds of substantive equality, since many practical obstacles still stand in the way of same-sex couples formalising their relationships.The question of the continued applicability of the reading-in order in Gory has now come before the Constitutional Court in Laubscher NO v Duplan (2017 (2) SA 264 (CC)) and it is this case which is the focus of this note.

scholarly journals Kajian Teologis Terhadap Lesbian di Lembang Perindingan

2021 ◽  
Author(s):  
Henri Sirangki
Keyword(s):  
Human Nature ◽  
Same Sex ◽  
Male And Female ◽  
The Bible ◽  
The Earth ◽  
The Status ◽  
Opposite Sex ◽  
In The Beginning

God created man in His image and likeness. This means that humans have a resemblance to their creator. When God created man the Bible clearly says that in the beginning God only created man, male and female. Then God made man as his mandate on earth in order to develop and conquer the earth. However, recently there has been an issue about LGBT, especially lesbians, who are pro and contra in the community. For some people there are those who accept the lesbian behavior and there are also those who reject the behavior. Such behavior is not only carried out by non-Christian people but such behavior has also been carried out by those who have held the status of believers in God, even though the Bible clearly opposes such behavior because it is contrary to God's purpose and purpose in creating humans as male and female. female. On that basis it can be said that those who become lesbian perpetrators are not only against their human nature but also against God's decree. Humans can only fulfill God's purpose of creating them in being mandatory over the whole creation if humans have contact with the opposite sex instead of the same sex.

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